Administrative Law and Civil Procedure Law
Jurisdiction of the Federal Supreme Court Cassation Division: The Federal Supreme Court Cassation Division shall have jurisdiction to review by way of cassation a decision rendered by a Regional Supreme Court Cassation Division only if the decision was rendered by citing provisions of the Constitution, a binding decision of the Federal Supreme Court Cassation Division, or an irrelevant law, or by misinterpreting the law, and the case concerns a matter of national significance (Proclamation No. 1234/2013, Article 10(1)(c) and (d)). [Cassation File No. 243976, Cassation File No. 244497, Cassation File No. 245442, Cassation File No. 245667]
Federal Administrative Procedure Proclamation: A party who files a complaint challenging a decision rendered by an administrative body in matters covered by Proclamation No. 1183/2012 must follow the procedure laid down in the Proclamation, namely, first to the administrative body, and subsequently, an application for revision to the Federal High Court. A suit concerning a decision rendered by an administrative body must be filed through the procedure laid down in this Proclamation, and a regular court lacks subject-matter jurisdiction to directly receive and decide such a suit (Civil Procedure Code Articles 9(2), 244(2)(a), and 245(2)). [Cassation File No. 244151, Cassation File No. 245022]
Cause of Action: A case brought before a court can be said to have a cause of action if, when the question arises whether the law permits the plaintiff to obtain the requested judgment should the matters stated in the claim be proven, the court is able to give an affirmative answer. It is the plaintiff’s responsibility to state in the claim the right derived from law or contract that the plaintiff believes to have regarding the matter on which the suit is filed, while it is the court’s responsibility to identify and determine the appropriate law. [Cassation File No. 244430]
Right and Interest Dispute: In a dispute arising over land/property, the plaintiff must show that they have a legal right and interest that allows them to file a suit. When examining the claim presented, the court must ascertain that the content of the claim presented by the plaintiff shows the existence of a right that can be determined by law. There must be a sufficient and relevant legal reason to dismiss a claim on the ground that the plaintiff lacks right and interest (Civil Procedure Code Articles 33(2), 231). [Cassation File No. 244106, Cassation File No. 244430]
Judgment Execution: A judgment shall be executed according to the judgment (Civil Procedure Code Article 378). When conducting the execution process, the court may carry out the appropriate execution by considering the condition of the location, the interest of the judgment creditor, and the local social life, assisted by the relevant expert. [Cassation File No. 244497]
Evidence Evaluation: The Federal Supreme Court Cassation Division does not have the jurisdiction to re-evaluate the factual conclusions reached by the lower courts based on their evaluation of evidence; this is possible only when there is a violation of fundamental evidence evaluation or legal principles. [Cassation File No. 244497, Cassation File No. 244552, Cassation File No. 244923, Cassation File No. 245022, Cassation File No. 245407, Cassation File No. 245442, Cassation File No. 245667]
Issue in Dispute: The issue in dispute is framed based on the claim and evidence presented by the plaintiff, the defense and evidence presented by the defendant, and the facts found by the court through oral examination (Civil Procedure Code Article 248). The court cannot render a decision on a matter that the litigating parties have not explicitly raised or requested (Civil Procedure Code Article 182(2)). [Cassation File No. 244923]
Appellate Court Jurisdiction: An appellate court has the jurisdiction to decide a matter that the lower court did not decide but should have decided (Civil Procedure Code Article 182(2)). [Cassation File No. 245464+]
Second Appeal: The Federal Supreme Court Appellate Division lacks jurisdiction to hear a second appeal filed after Proclamation No. 1234/2013 came into effect (Proclamation No. 1234/2013, Article 9(4)). [Cassation File No. 245928]